A Study On The Judicial Prevention Of Environmental Damage

As one of the core issues of environmental protection,the prevention of environmental damage has many advantages over ex post relief.Under the traditional mode,the prevention of environmental damage is an important part of environmental administration.Due to its own characteristics and advantages,administrative power occupies an exclusive position in the prevention of environmental damage.However,with the establishment and development of the environmental litigation system in recent years,China has created two sets of overlapping systems with the same purpose and similar functions in dealing with environmental damage problems.The operation of the second set of mechanisms has,to a certain extent,caused the weakening of administrative power in the prevention of environmental damage,making the prevention of environmental damage fall into the predicament of changes in powers and unclear distribution.At the same time,by sorting out the current legal norms,it is found that there are many deficiencies in the precautionary provisions on environmental damage,such as the extensiveness of measures and the limitations of the main body.The introduction of judicial prevention of environmental damage is a theoretical response to the predicament and shortcomings of current environmental damage prevention,reflecting the positive and reflective reflection on the practice of environmental damage prevention power change.The prevention of environmental damage has a strong positive meaning on the whole,so the rationality of judicial prevention against environmental damage should be based on the rationality of the authoritarianism in environmental justice.At the same time,judicial prevention of environmental damage implies the transfer of power,and the advantages of justice in the measurement of interests can provide a basis for such changes.One of the core contents of the judicial issue of environmental damage prevention is to realize the standardization of the power of environmental damage prevention through the demonstration and elaboration of environmental damage judicial prevention.Therefore,limiting the status and field of environmental damage prevention is a key element in clarifying the scope of judicial power in the prevention of environmental damage and its relationship with administrative power.Judging from the relationship between judicial power and administrative power,as well as their respective advantages and characteristics,environmental damage judicial prevention should be limited to auxiliary means in environmental damage prevention;considering the characteristics of the object of prevention,as well as the content of jurisdiction and administrative jurisdiction,the judicial prevention of environmental damage should have a scope that excludes risk prevention.As a breakthrough and obvious change to the traditional model,the theoretical discussion and practice of environmental damage judicial prevention must be subject to the necessity and feasibility.From the perspective of responding to demands in practice and promoting the development of the environmental justice system,judicial prevention of environmental damage is necessary.Moreover,from the perspective of existing norms and experience,and the implementation of corresponding systems outside the domain,judicial prevention of environmental damage is feasible.Whether it is the proposal and basis of judicial prevention of environmental damage,or the limitation of its status and scope,or the proof of its necessity and rationality,it provides a theoretical foundation and premise basis for the specific development of environmental damage prevention.The development of environmental damage judicial prevention in practice is the foothold of theoretical research on environmental damage prevention.Specifically,the discussion on the path of judicial prevention of environmental damage encompasses two aspects: The first is to promote the standardization of judicial injunctions on environmental protection through the selection of the construction mode of judicial injunction on environmental protection and the establishment of applicable rules;The second is to specialize in the preventive responsibility mode of environmental damage through the clarification of the status quo of the preventive responsibility of environmental damage,the basis and the clarification of the guidelines.